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Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: This is a somewhat technical issue. I do not think there is a point in belabouring it. I know the Minister of State and his officials are very aware of the difficulties being caused by the inconsistency between the definition of "public body" in this Bill and the definition set out in the Data Protection Acts. There are public authorities and public bodies under the Data Protection Acts...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I will support the Minister of State's amendment and I recognise it as progress. My only concern is that it states the Minister may introduce regulation in this area but it does not require that regulations would be put in place, as my amendment would have done. That is still a concern and I imagine it might be taken up by others. Senator Devine will know that the difference between "may"...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 17:In page 14, to delete lines 5 and 6 and substitute the following: “(I) as one non-mandatory means to verify the identity of a person, where the first or second mentioned public body is providing or proposes to provide a service to that person, without prejudice to a person’s right to seek to verify their identity by other means;”.

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 21:In page 15, line 4, to delete “body.” and substitute the following:“body, and (f) the sharing of personal data is necessary and proportionate.”.

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: Amendments Nos. 21 and 30 relate to the issue of necessity and proportionality. One of the core requirements of the GDPR is that sharing be done in a way that is both necessary and proportionate in order that it does not exceed what is required. We debated these two points at such length on the previous Stage that we do not need to go over them again. The Minister of State has indicated...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 22:In page 15, between lines 5 and 6, to insert the following:"(4) Where special categories of personal data are disclosed by one public body to another public body for reasons of public interest, regulations shall be made—(a) by the Minister following consultation with such other Minister of the Government as he or she considers appropriate, or (b) by any other...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 25:In page 17, to delete line 6 and substitute the following:"16. (1) A data-sharing agreement shall be published and made available to any Oireachtas committee on request. (2) An opinion of the data sharing-agreement by the Data Protection Commission must be published before the date of commencement of the agreement and made available to any Oireachtas committee on...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: This relates to an issue of transparency. My concern is that currently line 6 states that the formal requirement in a data-sharing agreement is simply that it must be in writing. It certainly cannot exist in thought alone and, therefore, the requirement that it be in writing is good and clear but we need more than that. I am sure it is probably the intention, but the data-sharing agreement...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 26:In page 17, to delete line 6 and substitute the following:“16. A data-sharing agreement shall be published and made available to any Oireachtas committee on request.”.

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 30:In page 18, between lines 11 and 12, to insert the following“(n) demonstrate necessity and proportionality of sharing.”.

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 33:In page 19, between lines 38 and 39, to insert the following:“(6) This section is without prejudice to and does not limit the rights of a person as a data subject in respect of any or all data controllers in a data sharing agreement.”.

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 38:In page 32, between lines 26 and 27, to insert the following:“(5) The Minister shall, when making an order under subsection (1), have regard to whether provision is made for a person’s right to verify their identify using an alternative process.”.

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I thank the Minister for the amendments he has put forward. They address the concern we had, including that the data portal would be a space where people could fully access their information as it related to data breaches. In light of amendments Nos. 42 to 45, inclusive, put forward by the Government and relating to the same issue, I am happy to withdraw my amendments. One of the most...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: The issues that are not, perhaps, as comprehensively addressed in the Bill are those relating to the content of data-sharing agreements where data is shared with public bodies. In that context, I have tabled amendment No. 50. While data-sharing agreements can be accessed, it is sometimes difficult for people to know where to look or which agreement is relevant. There is transparency in the...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 50:In page 34, between lines 25 and 26, to insert the following:(c) view the contents of the data-sharing agreements under which his or her data has been shared between public bodies.".

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: Amendment No. 59 is a response to the question of private companies that may be contracted. It is a transparency mechanism. We do not want a consultant to become a de facto member, which we know sometimes happens. An adviser or consultant can be there for ten or 15 years, effectively managing a board while members come and go. I know this is not the intent of the Minister of State. Given...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 58:In page 36, between lines 11 and 12, to insert the following:"(5) Any contracts in respect of consultancy, advice or other services to the board shall be subject to public competition.".

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 60:In page 36, between lines 13 and 14, to insert the following:"(2) Of the members of the Board, an equal number shall be male and female.".

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: These amendments relate to the composition of the data governance board, which plays a key role in the data-sharing Bill and the proposed new system of data governance. I acknowledge the Minister of State has addressed the majority of the concerns I have regarding gender balance, composition and ensuring clarity on the time people might sit on the board. In this regard, I will not press the...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: Absolutely.

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